Menelisik Maqashid Syariah atas Kebijakan KUA Terhadap Wali Nikah Perempuan Yang Lahir Kurang dari 6 Bulan

Fatmasari, Erlina Rizqi and Bashori, Yudhi Achmad (2022) Menelisik Maqashid Syariah atas Kebijakan KUA Terhadap Wali Nikah Perempuan Yang Lahir Kurang dari 6 Bulan. Al Syakhsiyyah Journal (Journal of Law and Family Studies), 4 (2). ISSN E-ISSN : 2715-6672 P-ISSN : 2715-6699

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Abstract

Marriage can be said to be valid if the conditions and pillars are met. One of the pillars of marriage is the guardian of marriage. In relation to marriage guardians, there are problems that can hinder marriage, namely the prospective bride was born less than six months after her
parents' marriage contract. This means that in Islamic law the guardian of the marriage must use a guardian judge. Because fiqh scholars have agreed that the minimum age for pregnancy is 6 months. It is based on QS. Al-Ahqaf verse 15 and QS. Al-Luqman verse 14. In KUA Karangjati sub-district there was a case of a prospective bride who was born less than 6 months old. In a year there are about 10-15 cases. In this case, the KUA has a policy in deciding who has the right to become a marriage guardian. Therefore, the researcher wrote this study with the aim that the reader can find out how the procedure for determining the marriage guardian is related to the case and whether the takeover of the marriage guardian is in accordance with the objectives of Maqashid Syariah. This research is a field research so that the main source of the data is field data (field research). This study uses a qualitative method. Data collection techniques used are observation, interviews, and documentation. The results or conclusions of this study are first, the procedure for determining marriage guardians for women born less than six months at KUA Karangjati District is in accordance with Islamic law because in its determination using the legal basis of Fiqh Munakahat and Fiqh Madzhab. Second, the direct takeover of the marriage guardian by the KUA is in accordance with the objectives of Maqashid Syariah.

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